Tuesday, October 31, 2017

Cases --- October 22nd through 28th (2017)

Contract/Noncompete/Trade Secret/Wrongful Termination

Augustus v. Vernal City
 (Utah Ct. App., October 26, 2019) (declining to disturb the city's decision to uphold Augustus's termination:  the city's board did not violate Augustus's due process notice right)

Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont's termination for his refusal to take an alcohol test: the Board properly relied on Lamont's insubordination as grounds to uphold termination, and Lamont received adequate notice of those grounds)

*Williams v. RGA Home Health Services, Inc. (10th Cir., October 27, 2017) (affirming damages calculation of $85,900:  RGA admitted the contract and failed to properly demand a jury trial on the damages)

Discrimination/Retaliation

*
Laul v. Los Alamos National Laboratories (10th Cir., October 23, 2017) (affirming summary judgment in favor of Los Alamos on Laul's age and national-origin discrimination and retaliation claims)


*Panicker v. Compass Group USA, Inc. (10th Cir., October 23, 2017) (affirming dismissal of Title VII discrimination case because he filed after the end of the 90-day filing period and provided an incorrect address to the EEOC)


ERISA 


*Stephens v. Alliant Techsystems Corp. (10th Cir., October 23, 2017) (affirming summary judgment in favor of Alliant Techsystems on Stephens' suit to nullify the lump-sum distribution of retirement benefits)


Workers Compensation/Occupational Safety and Disease

*Watts v. Berryhill (10th Cir., October 27, 2017) (affirming denial of social security disability benefits: there was no error in the ALJ's review of either the medical evidence or his credibility determination) 


*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.